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section 105(c), anj^ recombinant DXA or any other 
material subject to such order; or 
( 3 ) fail or refuse to — 
(A) establish or maintain records, 
(B) make reports or provide information, or 
(C) permit entry or inspection, 
as required by this Act or any regulation promulgated 
under this Act. 
(b) (1) Any person who violates subsection (a) shall 
be liable to the United States for a civil penalty in an amount 
not to exceed $5,000 for each such violation. Each day such 
a violation continues shall, for purposes of this paragraph, 
constitute a separate violation of subsection ( a ) . 
(2) A civil penalty for a violation of subsection (a) 
shall be assessed by the Secretary by an order made on the 
record after opportunity (provided in accordance with the 
last sentence of this paragraph) for a hearing in accordance 
with section 554 of title 5, United States Code. Before 
issuing such an order, the Secretary shall give to the person 
to be assessed a civil penalty under such order written notice 
of the Secretary’s proposal to issue such order and provide 
such person an opportunity to request, within fifteen days of 
the date the notice is received by such person, such a hearing 
on the order. 
(3) Any person who requested in accordance with 
[Appendix B — 32] 
